Cosmetic Surgery Claims — No Win No Fee
Cosmetic surgery negligence claims can be pursued on a no win no fee basis when a procedure is performed below the expected standard of care, or when the practitioner fails to obtain proper informed consent, resulting in harm.
What Are the Most Common Cosmetic Surgery Claims?
Direct Answer: Common cosmetic surgery claims include breast augmentation/reduction complications, rhinoplasty errors, liposuction injuries, facelift nerve damage, and botched non-surgical procedures (fillers, Botox). Claims can be brought on a CFA basis. The Montgomery consent standard applies.
- Breast augmentation/reduction — asymmetry, capsular contracture, implant rupture, nerve damage
- Rhinoplasty — breathing difficulties, poor aesthetic result, collapse
- Liposuction — contour irregularities, burns, organ perforation
- Facelifts and brow lifts — nerve damage, asymmetry, scarring
- Tummy tuck (abdominoplasty) — wound breakdown, excessive scarring
- Dermal fillers and Botox — vascular occlusion, blindness, tissue necrosis
- Laser treatment — burns, scarring, pigmentation changes
Informed Consent
The Supreme Court's decision in Montgomery v Lanarkshire Health Board [2015] fundamentally changed consent law. Practitioners must now ensure patients are aware of any material risks — a risk is "material" if a reasonable person in the patient's position would be likely to attach significance to it. This is particularly important in cosmetic surgery, where procedures are elective and the decision to proceed is driven by the patient's informed choice.
Regulation of Cosmetic Procedures
Cosmetic surgery is regulated by the Care Quality Commission (CQC) in England. Surgeons performing cosmetic procedures must be registered with the General Medical Council (GMC) and, for surgery, should be on the GMC's Specialist Register. Non-surgical cosmetic procedures (fillers, Botox) are less regulated, though increasing regulation is being introduced.